ARGENTINA Law and Practice Contributed by: Héctor Pozo Gowland, Esteban de Vedia, Carlos Ernesto Miná and Francisco Pozo Gowland, Pozo Gowland Abogados
include permits related to land use, construction, environmental impact and any other applicable regulations. It is important to note that the timelines to obtain all approvals depend on the specific require- ments and processes of each project, its loca- tion and any specific regulations or policies in place at the time of the application. 5.3 Terms and Conditions Imposed in Approvals to Construct and Operate Electric Distribution Facilities As stated in 5.2 Regulatory Process for Obtain- ing Approvals for the Construction and Opera- tion of Electricity Distribution Facilities , com- panies must submit an application along with all the required documentation, including tech- nical plans, environmental studies and financial information. The project will undergo technical evaluations by the regulatory authority to ensure compliance with technical standards and grid connection requirements. This involves assess- ing the capacity, reliability and safety of the pro- posed distribution facilities. In order to obtain an amendment or relaxation of a term or condition of an approval, which is established by ENRE, it is necessary to make a presentation indicating the arguments that jus- tify the petition. If this is expressly rejected, an appeal can be filed at administrative headquar- ters and, if rejected again, a presentation can be made before a judge in order to obtain the said amendment. 5.4 Eminent Domain, Condemnation or Expropriation Rights to Construct and Operate Electricity Distribution Facilities Argentine legislation introduced the concept of Administrative Easement of Power Line (AEPL) as a right granted by a competent authority to
a company or entity responsible for the distri- bution of electrical energy to use and access certain private or public properties for the pur- pose of constructing, operating and maintaining electrical transmission lines. The AEPL is established through a legal and reg- ulatory process that involves obtaining permits and authorisations from the relevant authorities. Additionally, conditions and economic compen- sations are established for the owners of the lands affected by the installations dedicated to the public service of distribution. The AEPL is regulated by Law No 19,552, which states in Section 1 that an AEPL will be granted to the concessionaire of electrical substations, power transmission lines, and electricity dis- tributors. This servitude grants the legal right to occupy and use lands where electrical transmis- sion system facilities are installed. The AEPL affects the land and includes restric- tions and limitations on the landowner so that the concessionaire can construct, maintain, repair, supervise and dispose of all the system installa- tions required for energy transmission. Law No 19,552 provides that ENRE, by issuing the cor- responding resolution, approves the project and plans of the work to be executed, declares the land affected by the AEPL, and authorises its registration in the corresponding property regis- try of the area where the land is located. Once properties are affected by the AEPL, the owners of those properties must be officially notified of the effect and the planned route within each affected property or area. The owner of the property affected by the servitude is entitled to compensation, which will be determined in an agreement between the owner and the company holding the AEPL. In the absence of an agree-
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